VALMIKI J. MEHTA, J

C.M. No.3752/2018 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M.Nos.3755/2018 (for condonation of delay in filing) & 3754/2018 (for condonation of delay in re-filing)

2. For the reasons stated in the applications, delay of 215 days in filing and 10 days in re-filing the appeal are condoned.

C.M. stands disposed of.

RFA No.98/2018 and C.M. No.3753/2018(stay)

3. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the judgment of the Trial Court dated 10.1.2017 by which the trial court has decreed the suit filed by the respondent/plaintiff for recovery of Rs.14.50 lacs along with interest at18% per annum.

4. The facts of the case are that the respondent/plaintiff filed the subject suit for recovery of Rs.14.50 lacs along with interest at 18% per annum till realization by pleading that appellants/defendants who were husband and wife were given a friendly loan of Rs.14.50 lacs by means of cheques which were encashed in the account of the appellant no.1/defendant no.1. Since the appellants/defendants failed to repay the loan therefore after servi